K Angami Kohima
As reported in the local papers, the Union Ministry of Petroleum and Natural Gas, Government of India (hereafter, the Ministry) has once again avers that the Nagaland Legislative Assembly (NLA) has no jurisdiction to make laws over oil fields in the state and that all existing law on oil fields and minerals resources is “liable to be struck down.” Here I would like to annul the Ministry’s arguments. First, the Ministry’s contention that Article 371 A “does not even restrict the parliament to apply any of its laws on oil fields and mineral resources in the state of Nagaland” is completely baseless. Second, that “no resolution from the state of Nagaland is required to apply the Parliament’s law on oil fields and mineral resources in the state” is also unjustified. Article 371 A categorically states:
“(1)Notwithstanding anything in this Constitution no…(a) no Act of Parliament in respect of… (iv) ownership and transfer of land and its resources… shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.”
As you can see, Article 371 A has not specifically used the words “oil fields and mineral resources”, instead, in a general usage, it has used the words “land and its resources”, and since oil and minerals resources are products of land, they come under “ownership and transfers of land and its resources” in Article 371 A (1) (a) (iv). It must be stated loud and clear the “land and its resources” includes not only the surface land but also oil, natural gas, coal, minerals, forests and other natural resources in Nagaland. Thus, Article 371 A restricts parliamentary laws on oil fields and mineral resources in the state of Nagaland. Moreover, it has been clearly stated that no parliamentary laws (including laws on oil fields and mineral resources) can be applied to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
Further, the Ministry states that “exploration of oil and natural gas” comes under the Union list and that the Parliament alone has the power to legislate laws on this subject is politically untenable. The state of Nagaland is an outcome of a political arrangement between the GOI and the Nagas and the same political issue is still awaiting a final “acceptable and honourable settlement”. So, it will be in the best interest of the Ministry not to mire the Naga political issue unless and until a final political settlement is done.
Keeping in view the special arrangement made between the Government of India and the Nagas through the 16th Point Agreement, the Ministry cannot treat Nagaland in the same way as it treats other states of India. Legally, the Ministry also cannot question Nagaland Government for formulating laws on oil and minerals resources in Nagaland because the jurisdictions of Union lit, the State list and Concurrent list are yet to be resolved politically. In the present political arrangement, the Legislative Assembly of Nagaland is duty bound to legislate laws for the state, including petroleum and natural gas.
